Can I demand other parties insurance repair my vehicle?

[zddoodah]

The exception is a bad faith claim brought against an insurance company by a third-party claimant. Many states (if not all - I haven't checked) now impose statutory duties of good faith and fair dealing with third party claimants. Egregious violations could result in a bad faith lawsuit by the claimant.

California does not recognize a cause of action by a third-party claimant for alleged bad-faith by an insurer. A third-party claimant's only recourse for alleged bad-faith is a DOI complaint.

 

[Litigator22]

California does not recognize a cause of action by a third-party claimant for alleged bad-faith by an insurer. A third-party claimant's only recourse for alleged bad-faith is a DOI complaint.

That's not entirely accurate as it does not apply if the third-party claimant has obtained a judgment against the insured, or an assignment from the insured; to-wit:

" . . . as this case suggests, the third-party claimant does not necessarily have an equivalent right to bring a declaratory relief action against the insured’s liability insurer. Of course, if the third-party claimant has already obtained a judgment against the insured, or if the third-party claimant has received an assignment of the insured’s rights, then the third-party claimant would have sufficient standing to bring an action against the insured’s liability insurer." (emphasis added) {See California Court of Appeals in Otay Land Company v. Royal Indemnity Company (2008) 169 Cal.App.4th 556.

 

[daleanstine]

Yes, this is a third-party claim and you can typically demand that the other party's insurance company repair your vehicle if the accident was caused by their negligence. You will need to provide proof that the other driver was at fault, such as a police report, witness statements, or other evidence.

 

[Zigner]

Yes, this is a third-party claim and you can typically demand that the other party's insurance company repair your vehicle if the accident was caused by their negligence. You will need to provide proof that the other driver was at fault, such as a police report, witness statements, or other evidence.

You can demand that the other party pay the claim and, per contractual obligations between the other party and their insurer, their insurer will pay the claim on the other party's behalf, either based on their own decision to do so, or a court order.

 

[adjusterjack]

es, this is a third-party claim and you can typically demand that the other party's insurance company repair your vehicle

Wrong. The insurance company doesn't repair the claimant's vehicle. It's obligation to pay for the repair or the ACV on behalf of its negligent insured based on that particular state's total loss formula.

Pay, not fix, get it?

 

[Litigator22]

Yes, this is a third-party claim and you can typically demand that the other party's insurance company repair your vehicle if the accident was caused by their negligence.

Total nonsense!

You will need to provide proof that the other driver was at fault, such as a police report (?) . . .

When offered as proof of their content, police reports of this nature are inadmissible in a court of law.